DELAYED TRIAL

Greymouth Evening Star, 20 October 1942, Page 4

DELAYED TRIAL

CHIEF JUSTICE'S CRITICISM:

PALMERSTON N., October 20. In the retrial of Charles Gough, branch secretary of the Dairy Factory Workers’ Union, at the Supreme Court, on a charge of making a subversive statement to the employees of the Oroua Downs Dairy Factory on February 24, the jury disagreed for the second time. Formal application for a third trial was made by the Crown Prosecutor (Mr Cooper.) This was held over in order to enable him to communicate with the AttorneyGeneral.

Strong comment was made by Chief Justice Myers about the time taken in authorising the prosecution to proceed. Whatever one might think about the case, he said, there was no use in shutting one’s eyes. Evidence in the case was available in April, the incident at Oroua Downs having taken place on February 24, but for some reason or other, it was not until August 20 that the AttorneyGeneral gave his consent, two days before the expiration of the six months, in which the law required the prosecution to be commenced. “It would surprise me very much if that did not have a considerable effect on the minds of the jury. Seven hundred years ago there was extorted from a despotic recalcitrant king, a charter of English liberty, in which it is stated justice shall not be delayed. This man Gough was entitled to know long before the expiration of six months whether or not he was to be prosecuted. It is unfair to him and to the country. It is a matter which should not have taken more than twenty minutes to decide. If that had been done, this case would have been dealt with in May instead of October. If there is to be another trial, it will be delayed to February,” His Honor added.